by Harold Lasswell was one of the icons of political science of the 20th century. Not content to be one of the founding fathers of political psychology and policy sciences, he was one of the earliest to recognize that mass communications was worthy of scholarly study. Long before modern political science devolved into trendy genres like feminist theory, queer theory, and fill in the blank theory, Lasswell was studying propaganda and had invented content analysis to search for patterns within it.
Lasswell wrote over 30 books and somewhere near 250 scholarly journal articles. This is a massive output by any measure. That said, the one book that always caught my attention was an early work entitled, Politics: Who Gets What, When, and How. (#commission earned). This is because I have always had a Lasswellian view of politics at its most basic. It is about the fight by both the elites and the masses to see who gets the spoils along with the countervailing fight by their opponents to keep the spoils for themselves. You can gloss up politics with all sorts of theories but it always comes back to power and the spoils that come with it.
This morning we learned of the infuriating ruling by the Senate Parliamentarian, an appointed and not elected official, that the inclusion of parts of the Hearing Protection Act and the SHORT Act violated the so-called Byrd Rule. This was notwithstanding that the US argued that the National Firearms Act did not violate the Second Amendment because it was a “revenue measure” in US v Miller. The Parliamentarian, Elizabeth McDonough, argued the NFA was a regulation and not a tax which is utter bovine manure.
Making matters worse, Senate Majority Leader John Thune (R-SD) who controls McDonough’s appointment has indicated he does not plan to challenge her ruling.
I see Thune as acting like Kevin Bacon’s character in the movie Animal House. What Thune seems to forget that he would not even be Senate Majority Leader if gun owners had not provided the margin of victory in key Senate races in states like Ohio, Pennsylvania, and Montana.
The question is what to do now as well as what not to do. Gun owners should not do is be like Oliver asking for more. It is time we stop groveling!
The first thing we should be doing is calling our US Senators and letting them have it for kowtowing to the parliamentarian appointed by none other than Harry Reid. Call 202-224-3121 and ask for the offices of your two senators. Keep the pressure up and let them know that merely stripping the NFA reform provisions out of the Big Beautiful Bill is not going to cut it. Here is the list of those up for reelection in 2026. They should be the first targets of your call.
Here are the options as I and others see them:
- Do nothing – definitely possible given the Senate
- Fire Elizabeth McDonough – probably not going to happen
- Have J. D. Vance overrule McDonough as President of the Senate – possible
- Leave the regulatory aspects of the NFA in place and lower the tax to zero or $1 – wimpy but likely
- Rewrite the provisions to try and get past the parliamentarian – maybe
- Set the tax at $1 and preempt all the state’s that ban NFA items – suggested by Kostas Moros
Stephen Gutowski of The Reload thinks that McDonough will neither be fired nor overruled. His argument is that doing so may endanger the sacred tradition of the fillibuster.
While the Majority Leader can fire the parliamentarian or the Vice President can overrule their decisions, there are good reasons that’s happened so rarely. It all has to do with the filibuster. Since reconciliation is a special Senate process designed to allow budget bills to avoid the 60-vote filibuster threshold–but only budget bills. So, the process is designed to root out anything that doesn’t primarily have a budget impact.
In other words, the process is designed to protect the legislative filibuster.
He very well may be correct. Stephen goes on to add that if McDonough is overruled or fired by the Republicans it will be due to other items stripped out of the bill and not the NFA items. In other words, no matter how important these items are to the gun community – and they are – they just don’t seem that important to the Republican senators.
That is a perception that needs to be changed. The time for going before Congress on bended knee is over. Every 2A organization from the NRA to state level groups needs to mobilize their members to say hell no. As I said in the beginning referring to Harold Laswell, politics is who gets what, when, and how.
We know what we want and we know we want it now.